Search Results

1. Justice Sector Fines & Remittals forecast 2015-2020 [pdf, 477 KB]

   ...Ministry of Justice is responsible for the collection and enforcement of fines, including Court-imposed fines, lodged infringements and reparation. They also provide enforcement services for unpaid civil judgements/orders at a creditor's request. The Legal and Operational Services Unit oversees all monetary penalties, not just those imposed by the criminal courts. The Justice Sector Forecast is currently largely based in the criminal section of the justice system, so the item...

2. Hardy v CAC 302 [2016] NZREADT 52 [pdf, 149 KB]

   ...be carried out by a corporate entity. However the Tribunal agrees with the Real Estate Agents Authority that in practice there must be some person whose task it is to make sure that not only are the proper seminars given, manuals prepared and forms and precedents kept up-to-date but there is a person who is responsible for dealing with the salespeople on a day-to- day basis and providing practical, sensible and timely advice. This interpretation is in accordance with the objects of...

3. Gupta v Dhar [2017] NZIACDT 11 (4 August 2017) [pdf, 231 KB]

   ...Standards 2016. These are matters for the Registrar, not the Tribunal. For the reasons discussed, the Registrar is in a much better position than the Tribunal to make such evaluations given the wider information she can obtain. [38] The Tribunal requests that the Registrar engage with the adviser to put in place an arrangement that will allow him to prepare an application and mentoring arrangement and have the Registrar review it. The Registrar can then decide whether to issue a p...

4. BORA Search and Surveillance Powers Bill [pdf, 314 KB]

   ...arises. Reverse onus provisions 31. Clauses 166 and 168-170 provide for summary offences of failure, without reasonable excuse, with production orders, directions to remain pending a search, detention pending search, directions to stop a vehicle or request to provide assistance in respect of a computer search. As summary offences subject to s 67(8) of the Summary Proceedings Act, these provisions place an onus on the accused to prove the excuse. 32. As such, these provisions are incon...

5. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...compulsory treatment order made under MH(CAT). The use of a compulsory treatment order as a proxy for capacity to carry out the duties of a Board member was considered to be unjustifiably discriminatory under the Bill of Rights Act. That advice formed the basis of the Report of the Attorney-General under section 7 of the Bill of Rights Act on the ARAF Bill. 22. It bears noting that the provision at issue in the ARAF Bill was narrower in scope than clause 20.9(d), in that it required...

6. [2017] NZEnvC 178 Lau v Auckland Council [pdf, 4.4 MB]

   ...his knowledge, Mr Lau has not paid any part of those awards. [20] Ms Amphlett gives evidence of the same costs awards and the steps taken to enforce them. She also gives evidence of searches she has undertaken of the land records held by Land Information New Zealand, the Personal Property Securities register and the Companies Office register and attaches the results of those searches as exhibits. She also gives evidence of searches conducted in relation to companies which the Counci...

7. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 17 [pdf, 203 KB]

   ...interests of C. [42] The Tribunal directs that written submissions as to penalty be made by the applicant by 24 July 2017. Counsel for the respondent is to reply by 31 July 2017. Penalty will be decided on the papers unless either of counsel requests a hearing. DATED at AUCKLAND this 14th day of July 2017 BJ Kendall Chairperson

8. Complaints Assessment Committee 416 v Singh [2018] NZREADT 34 [pdf, 196 KB]

   ...with any particular transaction. He submitted that this is most easily done by lending their names and brands to transactions only when their involvement is secured by an agency agreement. [17] Licensees must be held responsible for the use of forms provided to third parties where there is no agency agreement in place. When Mr Singh prepared an ASP and gave it to Mr Kodoor, without an agency agreement in place, he created a significant risk for the agency as a result of creating a...

9. Dickinson v The Registrar of the Real Estate Agents Authority [2018] NZREADT 31 [pdf, 195 KB]

   ...forwarded on to him. Was Mr Dickinson given notice of the Registrar’s intention to cancel his licence? Issue [18] Section 55 of the Act sets out the process for cancellation of a licence (other than by determination of the Tribunal or at the request of the licensee). Pursuant to s 55(1)(a) and (b), the Registrar must give the licensee written notice of the Registrar’s intention to cancel the licence, the written notice must contain or be accompanied by a statement of the Regis...

10. Knuckey v Telford - Wahapakapaka 7A Block (2021) 431 Aotea MB 119 (431 AOT 119) [pdf, 214 KB]

    ...on the trust activities and progress. He further states that he did attend a meeting in 2009 but was “totally confused over the outcome”. [7] On 4 February 2020, the case manager sent a copy of Mr Knuckey’s application to the trustees, requesting copies of trustee minutes from 2015 to 2019, AGM minutes for the 2 22 Taranaki MB 311 (22 TAR 311) 3 “Setting Apart Māori Freehold Land as a Māori Reservation” (18 November 1954) 69 New Zealand Gazette 1787 at 1795 4 72...